EPA v. GOODSON POLYMERS, INC.

Case summary

THE LITIGATION REPORT DOCUMENTS GOODSON POLYMERS, INC.'S PROTRACTED VIOLATION OF THE TSCA, 15 USC SECTON 2601 ET SEQ. DUE TO IMPROPER DISPOSAL OF PCBS AT A FACILITY OWNED BY GOODSON, AND LOCATED AT 1250 SOUTH UNION STREET, TROY, OHIO. - GOODSON MANUFACTURES POLYSTYRENE CRYSTALS FROM LIQUID STYRENE NOMOMERS, WHICH ARE SOLD CONVERTERS FOR USE IN THE MANUFACTURE OF DISPOSABLE CUTLERY. GOODSON EMPLOYS A HEAT TRANSFER SYSTEM CONTAINED 1600 PPM PCBS. ON OCTOBER 21,1987 THE HEAT TRANSFER SYSTEM EXPLODED, RESULTING IN A PCP SPILL AND CONTAMINATION OF THE PROCESS AREA. ON NOVEMBER 24, 1987 AND ON THREE SUBSEQUENT OCCASIONS, REPRESENTATIVES OF THE OHIO EPA CONDUCTED INSPECTIONS OF THE TROY FACILITY. DURING THE COURSE OF THESE INSPECTIONS, THEY DISCOVERED NUMEROUS VIOLATIONS OF THE PCB MANUFACTURING, PROCESSING, DISTRIBU- TION IN COMMERCE, & USE PROHIBITIONS. THESE PCB REGULATIONS WHICH WERE PROMULGATED BY THE ADMINISTRATOR AT 40 CFR PART 761 ARE ENFORCEABLE, PURSUANT TO TSCA. BASED UPON THESE INSPECTIONS, THE U.S.EPA REGION V, FILED A CIVIL ADMINISTRA- TIVE COMPLAINT AGAINST GOODSON ON DECEMBER 8, 1988. THE PARTIES, TO DATE, HAVE NOT REACHED A SETTLEMENT OF THIS MATTER, ALTHOUGH NEGOTIATIONS ARE STILL BEING CONDUCTED. - UNTIL RECENTLY, GOODSON HAD RETAINED A CONTRACTOR TO UNDER- TAKE CERTAIN SITE CHARACTERIZATION AND CLEANUP OPERATIONS AT THE TROY FACILITY. THE CONTRACTOR HAS NOW SUSPENDED ITS EFFORTS, HOWEVER, DUE TO GOODSON'S APPARENT INABILITY TO MEET ITS CURRENT ACCOUNT OBLIGATIONS. THE EXTENT OF GOODSON'S FINANCING DIFFICULTIES IS PRESENTLY UNDER INVESTI- GATION BY A REGION V ECONOMIST. AS A RESULT, THE TROY FACILITY REMAINS CONTAMINATED, EVEN THOUGH PRODUCTION HAS RESUMED, WITH THE ASSOCIATED INCREASED RISK OF EXPOSURE OF WORKERS AND OTHERS TO PCBS. - DUE TO THE BIFURCATED ENFORCEMENT AUTHORITY UNDER SECTIONS 16 AND 17 OF TSCA, 42 USC SECTIONS 2615 AND 2616, U.S. EPA CANNOT COMPEL GOODSON, IN THE CONTEXT OF ITS ADMINISTRATIVE ACTION, TO CONDUCT THE REQUIRED ADDITIONAL SITE CHARACTERIZA TION AND CLEANUP. THEREFORE, THE REGION RECOMMENDS THE FILING OF THE FILING OF A CIVIL ACTION, AGAINST GOODSON, SEEKING INJUNCTIVE RELIEF IN THE FORM OF A COURT ORDER DIRECTING GOODSON TO CLEAN UP THE TROY FACILITY.

Defendants (1)

• GOODSON POLYMERS, INC.Named in complaint

Facilities (1)

• GENERAL ELECTRIC COMPANY BUCYRUS LAMP PLANT

  1250 SOUTH WALNUT STREET, BUCYRUS, OH, 44820

  Registry ID: 110000391479

Statutes cited

• TSCA 16 — Toxic Sub Control Act

Timeline (5 milestones)

• 1988-12-08Enforcement Action Data Entered
• 1989-12-29Referred To Dept Of Justice
• 1990-04-09Complaint Filed With Court
• 1991-08-28Concluded
• 1991-08-28Enforcement Action Closed